Bishop's Referral Concerning a Delictum Gravius 

Dismissal from the Clerical State

The CDF might respond to a bishop's referral concerning a delictum gravius by authorizing the use of an administrative process to resolve the matter (by virtue of the derogation of SST granted by the Roman Pontiff on February 7, 2003). This process is extra-judicial in nature, and analogous to the process outlined in c. 1720.

If the CDF instructs the ordinary to initiate the extrajudicial process, he should take the following steps:

1. He summons the accused to a meeting at a specific date and time in order to inform him of the accusation and the proofs in support of it;
2. He then gives the accused the opportunity to defend himself: this defense should be submitted in writing and be composed with the aid of a canonical advocate;
3. He next weighs carefully all the proofs, arguments and any defense presented by the accused. This is done with the help of two assessors who, as a rule, should be canonists of proven ability and with some years of experience;
4. He then issues his decree which should set forth reasons in law and in fact, at least briefly, for his decision. If he opts for an expiatory penalty which is not to be a permanent penalty he should decree such penalty and inform the CDF of his decision. However, if
   he is of the opinion that the case warrants the penalty of dismissal from the clerical state, his decree ends with a recommendation to the CDF. The ordinary himself does not impose the penalty;
5. Finally, he forwards the acts of the process to the CDF which alone is competent to issue or enact the dismissal from the clerical state. Recourse against such a decision is made to the CDF.

This outline of the administrative extra-judicial process hopefully answers the question as to whether or not the ordinary may impose the penalty of dismissal: no. He can recommend it as a penalty. The CDF, however, will ultimately determine whether that penalty is to be imposed and if so, the CDF will impose it.

Fr. Ronny Jenkins
School of Canon Law
Catholic University of America
Special Consultant to the USCCB for Graviora Delicta